I e-filed for EAD recently and got my biometrics appointment within two weeks, and got the card about 5 weeks after applying. My wife went through the paper process a few months back, and the card took nearly 3 months to arrive. So from this unscientific test, I think that e-filing is much faster for EAD at least.

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krishnam70

03-23 07:51 PM

Hi, We talked to the DOL people. They said that since my wife didnt start working with them on H1 and never really worked with them we dont have a basis for claiming the 1500 dollars in filing fees. Do you think this is correct? If so what else do you think we can do on this case? Thanks for your reply. Amar

Per law employer states that he/she has a project on hand and its their responsibility to pay for the filing fee of the applicant. So you have every right to sue the employer for the same. Was there a gap between the time your wife got H1 and she subsequently got an EAD? If yes you can claim salary from the day her H1 was approved and you got the 797 in hand.

BTW your lawsuit might end up costing more than the $1500 you paid but if you want to do the right thing go sue the employers a$$

- cheers kris

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snathan

12-20 04:29 PM

I am all up for it & won't mind doing it all...

Then what are you waiting for...start your campaign and publish you action plan.

Hi, My company is closing offices and we all will be working from home. My I140 is cleared and I am in process of extending my H1 which expires in june 09.company has no office at India.

I want to know for how long I can work from India on H1 being on US payroll?

You are not any visa status when you are not present in the USA.

As per as your working in India, you are subject to Indian labor (should I write, labour) laws and income taxes. It does not matter currency you are paid. What matter is, your physical location during the work performed for the employer.

_______________________ Not a legal advice. US citizen of Indian origin

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roseball

04-04 02:21 PM

Hello Everyone, I have one specific issue. My Priority date is May 2007, and i am under 3rd category h1b 3-years extension at the moment in the USA. I140 has been approved and i am waiting for priority date to be current so i can apply for i485. but its taking too long because of the backlog. What are my overseas travelling options during this LOOONG waiting period. Can me and my wife (holding h4) travel overseas while waiting for the priority date to be current? like i said we have an approved i140 and h1b 3-years approval notice, but have not yet applied for i485 as we are waiting for priority date to be current. please help? anyone is the same situation?

Just use your valid H1/H4 visa for travel. If you had applied for I-485, then you would have had an extra option to apply and use AP for travel. Since you haven't filed I-485 yet, you can continue to use H1/H4 visa for travel while you wait to file I-485. Btw, if you are already over your 6 year H1 visa limit, then having an approved I-140 entitles you to get 3 yr H1 extensions whenever you are due for H1 renewal.

Yep, I did... Any of you in EB -2 with PD before Jun 2006 and have a soft LUD on AP?

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h1techSlave

01-05 05:37 PM

Yeah, I agree with you there that the actual number of successful porting may be miniscule. Plus it takes a lot of time to complete all the steps to successfully get the coveted EB2 status. And even when an EB3 person gets the EB2 status, USCIS/DOS may not release the EB3 visa originally allocated to him or they may release it after a year or so.

End result, they can just copy paste data for EB3 India. One less thing to do for the data entry operators.

i woudl think the actual number porting is miniscule...

but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they? Even an annual release would be very helpful...:confused:

I have got extension on my H1 after completing 6 years. My wife has been on H4 till now. Is she eligible to get a new H1?

Hi,

I just got my 2nd 3 year extension (Nov 2006 to Nov 2009) on my H1B after completing six years.

My PD is June 2005 and I-140 approved on July 2006. I am thinking of changing my job. I am puzzling about the following questions:

1. Can I change the job and use my 3 year extension for the next job? 2. Can I keep my PD of June 2005 if my current employer doesn't revoke my I-140 ? 3. If I apply for GC again with new employer and get my I-140 approved , can I keep getting 3 year extensions on that job ?

PLEASE HELP!.

Thank you,

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Gravitation

12-30 07:27 AM

I wanted to get some idea on why EB2 got stuck around Jan 03 when it flew past Apr 01 deadline.

EB2 was completely unaffected by 245(i) and had no reason to be stuck on Apr 01. EB2 being stuck around Jan 03 etc... could actually be a good news for EB3. Why? It means that the number of people who abandoned their EB3 PDs to escape retrogression and filed for EB2 is very large! The key thing to watch for India EB3 people is that PD should remain beyond May 1st, 2001. If it doesn' revert back to April, we can assume steady progress. All in all, I don't see any reason why Jan 2003 will have any -ve affect on EB3... it could be +ve though.

Your profile says you are EB3. I hope it was put by you not by USCIS. May be your I-140 was also for EB3, a misclassification by you. Do you remember?

Don't just post without knowing the facts. See my response I posted.

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vegasbaby

06-04 03:05 PM

The bill looks good on paper. My problem is that it also contains giving the same rights to 'gays'. I personally am not opposed to that but it should not happen that the conservatives in the house & senate take an objection & eventually defeat this bill.

I was under the impression that there would be some talks about the discussed bills on floor this week.I see no signs of any debate or any discussion.I have some read some posts saying that nothing would happen this year. This really confuses me as I had & I think many of us had hopes that coming weeks would decide something.

I would appreciate if someone could give everyone very clear picture of what going on ?

If we are not ready to speak up and say we have a problem to the people that matter (lawmakers, media) - why would they assume a problem exists?

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raysaikat

03-28 11:01 PM

Saikat,

Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?

-rgpr

Note that "status" is different from "visa".

Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).

Coming to the denial, what denial are you referring to? There are many situations.

In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.

Now supposing that you do not quit your school:

(i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.

(ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.

In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.

(iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.

gg_ny

09-20 05:24 PM

Or try emailing or calling them from here. It helped me a bit.

now days there is 'Returning Workers quota' in VFS and US embassy. visit VFS in person and take advantage of that process.

cheers

sohilbt

09-10 10:40 AM

All, I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.

H1-B improvements:

1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter. 2) Remove lottery system of awarding visa. In stead use the following method: a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�. b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas. c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)� d. The application received is CP is assigned available visa as follows: i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa. ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application. iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process. 3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required: a. New LCA is required every year and when consultant changes the client. b. New LCA must be based on the client�s job and experience requirement. c. H-1B applicant must be paid based on LCA. d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.